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2026 DAILYLAW 21270 (BOM)

PRAKASH RUPCHAND NARWANI v. TATA AIG GENERAL INS. CO. LTD.

IA/5970/2026 · 2026-10-19

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Judgment text

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50-FA(ST)-6770-2026 Harish IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL (ST) NO. 6770 OF 2026 WITH INTERIM APPLICATION NO. 3143 OF 2026 WITH INTERIM APPLICATION NO. 3144 OF 2026 Tata AIG General Insurance Co. Ltd. ...Applicant V/S. Prakash Rupchand Narwani ...Respondent WITH INTERIM APPLICATION NO. 5970 OF 2026 Prakash Rupchand Narwani ...Applicant IN THE MATTER BETWEEN Tata AIG General Insurance Co. Ltd. ...Appellant V/S. Prakash Rupchand Narwani ...Respondent _____________________________________________________________ Adv. Prachi Pawar i/b Res Juris, for the Appellant in FA(ST) 6770/2026. Adv. T. J. Mendon a/w T. R. Kale, for the Respondent No.1. _________________________________________________________ CORAM : PRAFULLA S. KHUBALKAR, J. DATE : 19TH OCTOBER, 2026. P.C. :- INTERIM APPLICATION NO. 5970 OF 2026 1. Heard learned counsel for the applicant as well as Insurance 1/2 50-FA(ST)-6770-2026 Company. 2. This is an application for withdrawal of the amount of compensation deposited by the insurance company. 3. Learned counsel for the applicant submits that the Insurance Company has deposited the amount of compensation in accordance with the impugned judgment and order passed by the Motor Accident Claims Tribunal. He submits that the compensation was awarded on account of permanent disability of this applicant in view of amputation of his right leg. He submits that the applicant has already spent an amount of Rs. 8,28,600/- for his medical expenses. He submits that the applicant is in need of the money and prays for withdrawal of the amount. 4. Although, learned counsel for the Insurance Company has submitted that there is nothing to indicate any loss of income even after the accident, considering the fact that the applicant’s right leg got amputated, and further considering the need as put forth in the application, at this stage, the applicant is permitted to withdraw 50% of the deposited amount along with accrued interest, subject to furnishing an undertaking before the Tribunal that in case the appeal is decided against this applicant he will return the amount. 5. The interim application is accordingly allowed and disposed of. (PRAFULLA S. KHUBALKAR, J.) 2/2